Rhode Island Brain Injury Attorney

A TBI is an injury to the brain that results from a sudden impact or jolt to the head. These injuries are generally categorized as either open head injuries or closed head injuries. Open head injuries also include penetrating head injuries. These types of injuries happen when an object such as a piece of metal actually pierces the skull and damages delicate brain tissue.

Closed head injuries refer to injuries that are caused by a blow or impact to the head, such as when the head collides with a window, dashboard, steering wheel or any other hard surface in a car. The damage in a closed head injury results from the brain’s impact with the inside of the skull or from the stretching and tearing of blood vessels and brain tissue due to a violent jolt. There is no piercing or penetration of the brain in a closed head TBI.

Both open and closed head brain injuries may result in a primary brain injury or a secondary brain injury. Primary brain injuries occur at the moment of impact, and typically include skull fractures, bleeding or blood clots. Secondary brain injuries are those types of conditions that develop over a longer period of time, such as seizures, brain swelling and increased blood pressure inside the skull, which can be fatal or lead to permanent disability.

According to the CDC, the most common causes of brain injury include:

• Slip-and-fall accidents. Falls are the leading cause of brain injury in the United States, accounting for about 40 percent of TBIs in the United States. Falls account for about half of the brain injuries among children up to age 14 and for about 61 percent of brain injuries among adults age 65 and older.
• Motor vehicle accidents. Car, motorcycle and truck accidents, including those involving pedestrians and bicyclists, account for about 14 percent of brain injuries. Traffic accidents cause the largest percentage of TBI-related deaths at 26 percent.
• Blunt trauma (being hit by or against an object). About 15 percent of TBIs result from a person being hit by something or slammed into an object. Almost a quarter (24 percent) of all TBIs in children younger than 15 are related to blunt trauma. Blunt trauma brain injuries include concussions suffered in sports, recreation or playground accidents.
• Criminal assault. Assault is responsible for about 10 percent of brain injuries. About 75 percent of all assaults causing TBIs happen to people aged 15 to 44 years. Assaults are the leading cause of brain injury in children up to age 4, including a form of child abuse known as “shaken baby syndrome.”

Brain injuries can be sustained in car crashes in many different ways. The most common is when a victim is thrust forward in a collision and the head strikes the windshield, dashboard or other structure of the car.

Whiplash can cause a form of closed head brain injury when the brain is jarred forward then backward inside the skull. In this type of incident, the brain is injured when it slams against the skull walls, often leading to bleeding, bruising and pressure, which is extremely dangerous.

When an accident victim is ejected from the vehicle, the impact of hitting the pavement or another object commonly causes serious or fatal brain injuries. Penetrating brain injuries also are possible in car accidents when the skull is pierced by a sharp object.

The signs and symptoms of an open head injury are usually obvious. It is typically possible to see an entry wound on the skull or skull fracture. However, the signs and symptoms of closed head brain injuries are often more difficult to detect without proper medical testing.

Some TBI victims may initially decline treatment at the time of an accident. Confusion and fear may play a role in this decision. Some serious brain injuries can go undetected for weeks or longer. It is critical to receive a full medical examination as soon as possible after an accident even if symptoms don’t appear at first.

Closed head TBIs may be suspected when an individual experiences loss of consciousness, headaches, impaired movement and balance, nausea or vomiting, seizures, reduced muscle strength such as paralysis or paresis, and decreased coordination or dyspraxia and apraxia.

Behavioral changes can also occur, including becoming hyper-emotional, experiencing mood swings, frustration, aggressiveness, anxiety, stress or depression. Many other cognitive issues can arise as well, such as an inability to remember day-to-day events, development of problem-solving deficits, attention and focus problems, and the inability to plan or carry out daily routines.

Depending on the severity of a car crash, slip-and-fall accident or other accident, a person may suffer a head injury ranging from a mild concussion to a severe TBI.  Some victims eventually recover from a concussion, though many suffer “post-concussion syndrome,” and experience headaches and dizziness for weeks or months after the initial injury. A single concussion also leaves the victim more vulnerable to additional concussions.

A more severe TBI can cause varying short-term and long-term functional changes in the injured person’s thinking, sensation, language skills and emotions. An individual’s ability to remember, reason, touch, taste, smell, communicate and understand may be affected by a brain injury. In addition, a person may exhibit personality changes, aggression, anxiety, depression and other emotional challenges.  In more serious cases, a brain injury may lead to epilepsy or increase the risk of developing Alzheimer’s disease, Parkinson’s disease or other brain disorders associated with aging.  Some brain injury victims lapse into a coma, and some never regain consciousness. TBI may be fatal in some situations.

The expenses and losses a victim of TBI can incur are immense. The cost of years of medical treatment, the impact on interpersonal relationships, loss of employment, loss of the enjoyment of life and many other losses reach astronomical levels. That is why it is so important to seek representation from qualified and experienced medical and legal professionals after suffering a traumatic brain injury.

The costs of treating a brain injury can add up to millions of dollars over the course of a lifetime.

The Brain Injury Association of America (BIAA) says the rehabilitation costs per person in a recent study of 84 individuals with TBI averaged almost $1,600 per day. In addition, more than 5.3 million children and adults in the U.S. have a permanent disability caused by a brain injury.

The Rhode Island personal injury attorneys at Marasco & Nesselbushunderstand how important it is for brain injury victims and their families to obtain full compensation from those responsible for the accident. As a law firm committed to social, economic and personal justice, our lawyers work to help TBI victims get compensation for medical bills, pain and suffering, lost wages and other damages.  After a TBI in a car accident, slip-and-fall accident or an assault caused by negligent security, you may be able to seek compensation through the negligent party’s auto, homeowners or commercial liability insurance.

Since insurance companies are for-profit companies, it takes experienced legal representation to file a personal injury or wrongful death lawsuit and compel the insurer to pay appropriate settlements to brain injury victims. The attorneys and staff at Marasco & Nesselbush are devoted to providing world-class legal service to our clients.  While no one can undo the devastating impact of a brain injury, Marasco & Nesselbush can help you pursue compensation that ensures financial security for you and your family.

Call us now at (401) 443-2999 or fill out our online contact form for a free consultation if you or a loved one are dealing with the aftermath of a traumatic brain injury

Sources:

• Brain Injury Association of Rhode Island
• Centers for Disease Control and Prevention – Traumatic Brain Injury
• Brain Injury Association of America
• CDC: Annual Number of TBIs
• CDC: TBI by External Cause
• ASHA: Traumatic Brain Injury (TBI)